Chapter 04 - Immigration Rules

Chapter 04 - Immigration Rules

The following sections describe the organization of the immigration office including statements of delegations of authority, indicate the established places at which, and method whereby, the public may secure information, and direct attention to the rules leading to the general course and method by which its functions are channeled and determined. These sections also set forth the procedure governing the availability of opinions, orders and records.

The Attorney General has delegated to the chief immigration officer without divesting of the Attorney General any of the powers, privileges, and duties, authority to direct the administration of the immigration office, and to enforce the Act, and all other laws relating to immigration. From time to time other persons within the office of the Attorney General such as the Deputy Attorney General or an assistant attorney general may have delegated to him or her authorization to exercise certain powers and authority on behalf of the Attorney General under the Act. The Attorney General hereby authorizes all immigration officers to record the following information regarding every person leaving or entering American Samoa: names; age; sex; whether married or single; occupation; whether able to read or write; nationality , country of birth, country of which citizen was subject; race; last permanent residence in American Samoa; intended future permanent residence; and, if a United States citizen or national, the facts on which claims of that status are based. The chief immigration officer shall as he/she deems necessary authorize immigration officers to administer oaths to any person relative to immigration status and immigration matters with the immigration office or the immigration board. The Attorney General hereby authorizes and directs the chief immigration officer and immigration officers to prepare and utilize forms for the registration and photographing of aliens. These form shall contain inquiries with respect to: ( I) the date and place of entry of a person in American Samoa; (2) activities in which he/she has been and intends to be engaged; (3) the length of time he/she expects to remain in American Samoa; (4) the police/ criminal record, if any, of such alien; (5) such additional matters as may be prescribed. All immigration officers are hereby authorized to administer oaths. 41.0305 ASCA.

Any person desiring information relative to a matter handled by the office or any person desiring to make a submittal or request in connection to such matter should communicate either orally or in writing with the office. When the submittal or request consists of a formal application for one of the documents, privileges, or other benefits provided for in the laws administered by the office or the rules implementing those laws, the instructions on the form as to preparation and place of submission should be followed.

(a) General. Every application, petition, or other document submitted on the forms prescribed by this chapter shall be executed and filed in accordance with the instructions contained on the form, such instructions being hereby incorporated into the particular section of the rules requiring its submission. The native form of a name may also be required if such a document has been executed in an anglicized version thereof. A parent, guardian or other adult having a legitimate interest in a person who is under 14 years of age may file on such a person's behalf; a guardian of a mentally incompetent person may file on such a person's behalf. Any required oath may be administered by an immigration officer or person generally authorized to administer oaths.

Applications or petitions received in the office or the office of the Attorney General relative to immigration matters shall be stamped to show the time and date of actual receipt and shall be regarded as filed when stamped unless they are returned because they are improperly executed or for other reasons cannot continue to be accepted.

(b) Evidence. Each application or petition shall be accompanied by the documents required by the particular section of the rule under which submitted. All accompanying documents must be submitted in the original and will not be returned unless accompanied by a copy. Except as otherwise provided a copy accompanied by an original will be accepted only if the accuracy of the copy has been certified by an immigration officer who has examined the original. A foreign document must be accompanied by an English translation in accordance with the instructions on the application or petition form. A translator must certify that he/ she is competent to translate and that the translation is accurate. If any required documents are unavailable, church or school records, or other evidence pertinent to the facts in issue, may be submitted. If such documents are unavailable, affidavits may be submitted. The immigration office may require proof of unsuccessful efforts to obtain documents claimed to be unavailable. The office may also require the submission of additional evidence, including blood tests, may require the taking of testimony, and may direct the making of any necessary investigation. When any statement is taken from a person and that statement is signed by him/her, he/she shall be furnished a copy thereof, on request, without fee. Any allegations made in addition to, or in substitution for, those originally made shall be under oath and filed in the same manner as the original application, petition, or other document or noted on the original application, petition, or the document and acknowledged under oath thereon. The status of an applicant or petitioner who claims that he/she is lawfully present in American Samoa will be verified from official records of the immigration office. Under the conditions hereinafter prescribed, the term "official records" as used herein includes files of the Office of the Attorney General and the immigration office, arrival manifests, arrival records, office index cards, forms, files, passports, and reentry permits.

(c) Inspection of Evidence. An applicant or petitioner shall be permitted to inspect the record of proceeding which constitutes the basis for the decision, except as hereinafter provided. If the decision will be adverse to the applicant or petitioner on the basis of derogatory evidence considered by the office and of which the applicant or petitioner is unaware, he/she shall be advised thereof and offered an opportunity to rebut it and present evidence in his/her behalf before a decision is rendered, except that classified evidence shall not be made available. Any explanation, rebuttal, or evidence presented by or in behalf of the applicant or petitioner shall be included in the record of proceeding. A determination of statutory ineligibility shall not be valid unless based on evidence contained in the record of proceeding. In exercising discretionary power when considering an application or petition, the immigration officer, in any case in which he/she is authorized to make the decision, may consider and base the decision on information not contained in the record not made available for inspection by the applicant or petitioner; provided, that the Attorney General has determined that such information is relevant and is classified. Whenever he/she believes he/she can do so consistently with safeguarding both the information and its source, the Attorney General should direct that the applicant or petitioner be given notice of the general nature of the information and the opportunity to offer opposing evidence. The Attorney General's authorization to use such classified information shall be made a part of the record. A decision based in whole or in part on such classified information shall state that the information is material to the decisions.

Whenever a formal application or petition is denied, the applicant shall be given notice setting forth the reasons for such denial in writing. Any decision of the immigration office is appealable to the immigration board. Such appeal may be taken within 15 days after the service of notification of the decision.

Pursuant to 41.0505 ASCA the Attorney General establishes the normal working hours beyond which vessel owners will be required to pay overtime as 7: 00 a.m. to 5: 00 p.m. Monday through Friday, excepting holidays.

The Attorney General and the immigration board hereby approve the following forms and instructions, including those that are relative to numerical limitations and quotas as established at 41.0301 and 41.0303 ASCA:

Petition to Classify Preference Status of Alien on Basis of Profession or Occupation

P45

Instructions

P45 I

Petition to Classify Preference Status of Alien on Basis of Relations or Humanitarian Reasons

P12

Instructions

P121

Petition for Temporary or Seasonal Worker

P50

Instructions

P50 I

Denial For Preference Status

PlOO

Authorization to Remain in American Samoa

Pl01

Application For Receipt Card

P200

Application For Extension Of Time To Remain Under Numerical Limitations

P300

Notice of Address or Change of Address

P400

Application for Extension of 30 Days Entry Permit

10 101

Complaint report

10 102

Warnings As To Rights

10201

Record of Sworn StatementAffidavit of Witness

10 202

Record of Sworn Statement

10 203

Notice of Request For Disposition

10301

Notice of Violation

10 302

Waiver of Rights

10 303

Order Requiring Cash Bond

10304

Release of Immigration Prisoner

10305

Order of Release on Recognizance

10 306

Notice of Revocation of Bond or Parole

10307

Record of Deportable Alien

10 308

Notice to Detain, Deport, Remove or Present Aliens

TL 101

Notice to Transportation Line Regarding Deportation and Detention Expenses of Detained Aliens

The forms listed in 41.0407 of this chapter that have instructions contain matters that are hereby approved as part of these rules relative to who may file petitions, supporting documents, rules for documents, filing dates, appearances before officers, fees, penalties, authority, and bond. The board or the Attorney General may alter the forms or instructions or create new ones, but they shall not be inconsistent with the Act or these rules.

(a) The Attorney General or chief immigration officer may in his/her discretion, require any alien who is either visiting or residing in American Samoa to post a cash bond, to ensure that she/he will not become a financial burden to the American Samoa Government, not to exceed an amount sufficient to pay transportation costs to his/her home country plus not more than $500.

(b) In the case of a fishing vessel that is registered in or otherwise connected to, a jurisdiction outside of the geographic area of the United States, and is based in American Samoa, the Attorney General or chief immigration officer may, in his/her discretion, require the owner of the vessel or his/her authorized representative in American Samoa to post a bond, to ensure that each crewmember of such vessel will not become a financial burden to the American Samoa Government in an amount sufficient to pay the transportation costs of all or any number of the crewmembers to his or her or their home country plus not more than $500 per person.

(c) Sums deposited in accordance with this section shall be returned, or accounted for if used as provided in this section, to the deportee or payee upon his/her or the covered alien's departure from American Samoa. The original receipt and a copy of the manifest or other proof demonstrating the alien left will be required to secure a full refund. The bond may be used to pay immigration fines or debts owed to the government.